Wilson v. Windham
Supreme Court of Alabama
Appeal from Circuit Court, Lamar County; T. L. Sowell, Judge. Action by A. S. Wilson against R. V. Wind-ham for trespass, trover, and detinue. Judgment for the defendant, and the plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Lamar County; T. L. Sowell, Judge. Action by A. S. Wilson against R. V. Wind-ham for trespass, trover, and detinue. Judgment for the defendant, and the plaintiff appeals. Wilson brought the suit originally against L. C. and J. W. Coleman for the possession of certain cotton and corn covered by a mortgage executed by the Colemans to Mm on February 15, 1915. The Colemans were tenants of Mrs. Mary Atkins, and at the trial in the justice court R. V. Windham appeared as claimant for the property, made affidavit, and gave bond as required by law. The trial in the justice…
1Opinion
On Rehearing.
2Per curiam
The plaintiff sued as mortgagee for the conversion of certain crops of cotton and corn acquired by the defendant from the Colemans, who were tenants of and raised the crops upon the land of Mrs. Atkins.
[3] The plaintiff offered a note and mortgage executed by the Colemans and which had been duly acknowledged and recorded so as to make the same self-proving. The production of the mortgage and the note which it was given to secure iu the possession of the creditor is prima facie evidence that the debt thereby secured is unpaid, in the absence of any indorsement or other marks on…
3Cases cited3 opinions
- Shippen v. WhittierIllinois Supreme Court · 1886
- Strickland & Co. v. Lesesne & LaddSupreme Court of Alabama · 1909
- Kinston Supply Co. v. KellySupreme Court of Alabama · 1917